Industry Update – Legal Metrology (Packaged Commodities) Rules, 2011 with amendments

The Ministry of Consumer Affairs, Food, and Public Distribution, Department of Consumer Affairs has issued The Legal Metrology (Packaged Commodities) Rules, 2011 with all amendments up to December 24, 2024.

It outlines the regulations for pre-packaged commodities in India, ensuring that consumers receive accurate information about the products they purchase. 

The rules apply to packages intended for retail sale but exclude certain categories such as:
(a) packages of commodities containing quantity of more than 25 kilogram or 25 litre
(b) cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram
(c) packaged commodities meant for industrial consumers or institutional consumers

The document includes several key amendments to the Legal Metrology (Packaged Commodities) Rules, 2011, compared to earlier versions. ​ Here are some notable amendments:

  1. Consumer Definition Update:
    • The definition of “consumer” has been updated to align with the Consumer Protection Act, 2019. ​
  2. E-commerce Provisions:
    • Definitions for “E-commerce,” “E-commerce entity,” and “marketplace-based model of e-commerce” have been added. ​
    • E-commerce entities must ensure that mandatory declarations are displayed on their digital platforms. ​
  3. Retail Sale Price (MRP):
    • The format for declaring the maximum retail price has been standardized to ensure clarity and consistency. ​
  4. Unit Sale Price:
    • The requirement to declare the unit sale price in rupees, rounded off to the nearest two decimal places, has been introduced. ​
  5. QR Code Usage:
    • For electronic products, the use of QR codes to provide additional information such as the manufacturer’s address, common or generic name, and size/dimensions has been allowed. ​
  6. Packaging Size and Weight:
    • Specific packaging sizes for various commodities have been updated or added, such as for baby food, biscuits, edible oils, and more.
  7. Exemptions:
    • New exemptions have been introduced for certain packages, such as those containing loose commodities ordered through e-commerce channels and garments sold in loose or open form at the point of sale. ​
  8. Inspection and Testing:
    • Detailed procedures for inspecting and testing packages at the premises of manufacturers, packers, and dealers have been specified, including the use of statistical methods to determine compliance. ​
  9. Penalties and Compounding of Offenses:
    • The penalties for non-compliance have been updated, including specific fines for different types of offenses. ​
    • The sum for compounding offenses has been specified, with different amounts for retailers, wholesale dealers, manufacturers, and importers. ​
  10. Registration Requirements:
    • The process for registering manufacturers, packers, and importers has been clarified, including the requirement to provide a complete address and the option to register a shorter address. ​
  11. Declaration of Quantity:
    • The rules for declaring the net quantity of commodities have been refined, including the requirement to exclude the weight of wrappers and materials other than the commodity. ​
  12. Best Before/Use by Date:
    • The requirement to declare the “best before” or “use by” date for commodities that may become unfit for human consumption after a period of time has been emphasized. ​

These amendments aim to enhance consumer protection, ensure transparency, and adapt to the evolving marketplace, including the rise of e-commerce.

The e book of  Legal Metrology (Packaged Commodities) Rules, 2011 can be downloaded from https://doca.gov.in/lm-ebook/

source: https://doca.gov.in/lm-ebook/

Centre releases endorsement guidelines

Endorsements Know-hows!’ for celebrities, influencers and virtual influencers on social media platforms’.

The Department of Consumer Affairs under the Ministry of Consumer Affairs, Food and Public Distribution has released a guide ‘Endorsements Know-hows!’ for celebrities, influencers and virtual influencers on social media platforms’

The guide is released in alignment with the guidelines set by the Consumer Protection Act of 2019. The Act established guidelines for protecting consumers from unfair trade practices and misleading advertisements. The Department of Consumer Affairs has published Guidelines for prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9th June 2022. These guidelines outline the criteria for valid advertisements and the responsibilities of manufacturers, service providers, advertisers, and advertising agencies. These guidelines also touched upon the celebrities and endorsers. It states that misleading advertisement in any form, format or medium is prohibited by law.

The “Endorsement Know-hows!” specify that

  1. Disclosures must be prominently and clearly displayed in the endorsement, making them extremely hard to miss.
  2. Any celebrity, influencer or virtual influencer who has access to an audience and can influence their purchasing decisions or opinions about a product, service, brand, or experience must disclose any material connection with the advertiser.
  3. This includes not only benefits and incentives, but also monetary or other compensation, trips or hotel stays, media barters, coverage and awards, free products with or without conditions, discounts, gifts and any family or personal or employment relationship
  4. Endorsements must be made in simple, clear language and terms such as “advertisement,” “sponsored,” or “paid promotion” can be used. They should not endorse any product or service and service in which due diligence has been done by them or that they have not personally used or experienced.

Source:https://resource.cdn.icai.org/72658srsb58573.pdf